I believe it is a question of exclusion
Not what I'm getting at. Privacy rights are essentially IP rights...you have some information and you want to keep it a secret. If somebody finds out this secret, and uses it to hurt you, they are held accountable by the law.
Maybe I should start a new thread with this.
I think that privacy rights are a good case study for IP rights. If you can keep it secret, and bind others to a contract to keep it secret(Privacy Policies), then they must abide the terms of that contract. If somebody breaks privacy policy, they are held accountable for breach of contract. However, if you declare to the winds some information, whether it's meant to be private or not, then you can't claim any compensation if somebody capitalizes off of it by overhearing.
This can also be applied to first-use land rights. If you can secure it, and bind others to a contract to its use, then you can keep it. If you open your borders, and post no warnings about its private-ness, and have no sign of first-use, then other men must assume that it's available. Therefore, any unimproved land follows the same rules that IP would. It's a naturally occurring phenomena.